Journal of the Commons House of Assembly of South Carolina (Volume 1707 Oct./ Feb 1708) online

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Sou^4-K Carol;. ._ -Cj'^,.,: Asser.

JOURNAL



O^y



OF THE



Commons House of Assembly



OF



South Carolina

October 22, 1707— February 12, 1707/8



Edited by

A. S. SALLEY

Secretary of the Historical Commission of South Carolina



Printed for the

HISTORICAL COMMISSION OF SOUTH CAROLINA

By The State Company, Columbia, S. C.

1941



T i\'








October. 22<i. 1707.



The following Members mett according to Prorogation



Landg"" Tho : Smith
Landg"" : Jos : Morton
Coll Geo : Logan —
W"' Smith Esq'".
M^ W"^ Gibbon-
Cap^ Geo: Smith
Cap* Edw^. Loughton
Cap*^ Jonathan Drake
Cap^ Christop''. Wilkinson
Cap' Hugh Grange
Cap' David Davis
Cap' James Moore



M - Rob*: ffenwick

Mr W"^ Bull

Mr Jo'. Abra' Motte

M''. Geo: Chickin

M - ^y^^. Elliott

M'' John Woodward

M"*. Tho : Jones

M^ Jo' Stroud

Rich'^. Berrisford Esq"^

M"^ John Raven

M*" John Ash

M'^ James Cochran —



Motion being made that the House would make Choice of a
Speak"", the former Speaker^ being gone off the Countrey And
the Question being put whether Landg'" Thomas Smith Esq''
Shall be Speaks

Carried in the Affirmitive

who accordingly Assum'd the Chair. —

Order'd

That the whole House attend on the Govern'' ^ Councill to

present the Speak"*./

The House being Returned M"* Speak'^ Infform'd the House that

the Govern"^ said he was affronted by the by the Informac'on

given to the House relateing to Coll- Logan by ^NL Weekly and

that for D'' Marstons Affront to him in his Saucey Letf. the

House would have given him an order for 150^. And that Sev-

erall of the Grand Jurry not appearing was the Occasion of

their not being any Sessions,

Order'd

That Xotice be given to those j^ersons to whome the Countrey

is in Debt to that they bring in the Same to the Gierke of this

House Sometime before Wensday next in order that they may

be laid before this House./



HVilliam Rhett, who was elected March 6, 1705/6. (Journal, March 6,
1705/6 — April 9, 1706, p. 5.) Col. Rhett was evidently only temporarily
away, as the rest of his life was spent in South Carolina.



Order'd

That the Publick Eeceiv. the Commission, and Comptrol''.

of the ffortificac'ons hiy their Acco^*: before this House to

morrow morning.

Order'd

That Coll- Rhett's Acco^: be laid before the House to morrow

morning/

Cap*^ AVilkinson being Sik praid leave to depart the Service of

this House for the Recovery of his health.

Order'd

That Capf Wilkinson have leave to depart the Service of this

House for the RecoA^ery of his health./

M' Speak'' by Consent of the House adjourn'd the House till

to Morrow Morning Eight a Clock,/

Thursday Octo-": the 23^: 1707

The House mett according to Adjournment./

Cap* Geo: Smith Publick Receive according to yeasterdays

order brought in his Acco*^:

Order'd

That they lie upon the Table

Capt. Tho: Walker Commission of the ifortifications & M''-

Patrick Martin Comptrol"". according to Yeasterday order

brought in their Acco'^ :

Order'd

That they lie upon the Table

Upon Reading a Letter from Thomas Welch relateing to the

Indian Affair./

Order'd

That Thomas Welch Indian Trader be Sent for by the Mes-

singer attending this House, and bring with him the Chicka-

sau Gen" : to Informe the House of Some matters relateing to

the Indians, and that he have the protection of this House

Comeing and goeing against all Arrests Except for breach of the

peace, and that M"" Speak"" Sign this Order./

Order'd

That the Rules of the House be read, W^ was done accordingly —

Order'd

That M"" Rob* : ffenwick and Cap* David Davis wait wait on the

Govern'' and Councill and Informe them that this House is



proceeding on the publick Affairs, who beino; return'd Inform'd
the House that the Govern^ told them he was glad of it, and
that he would concuri' with this House in all things for the
good of the Publick
Order'd

That a Committee be appointed to Examine & State all Pub-
lick Accof^ and that ^I' John Abra : ^Nlotte Coll. Geo: Logan
M^ Rich*^. Berrisford & Cap' David Davis or any three of them
be a Committee accordingly and Report their Opinion thereof
to this House on Tuesday next and that they Send for per-
sons papers and Records M'' John Abra' Motte praid leave to
bring in a Bill Entituled an Additionall Bill to an Act for the
makeing and mending Highways &c^.
Order'd

That ]\P John Abra' Motte have leave to bring in the Said
Bill./

Coll- Rhett's Acco'^: according to Yeasterdays Order was
brought in./
Order'd

That they lie upon the Table./

Motion being made by M'' John Stanyarne that bridges might
be made over S' Johns Island and upon debateing the Same,
The Question was put whether this House is of Opinion that
Moneys ought to be drawne out of the publick to help build
bridges./

Carried in the Negative./ — ■
The House adjourn'd till two a Clock in y^ affternoon
The House mett according to Adjournm^

Motion being made that M"* John Wilkins absenting himself
from the Service of this House be Sent for.
Order'd

That M' John Wilkins be Sent for by the Messinger attending
this House./

M^ John Abra' : Motte according to order brought in a Bill
Entituled an Additionall Bill to an Act for the makeing and
Mending of Roads &c=*. which was Read
Order'd

That the said Bill be recom'itted for amendm'^ to M'" John
Stroud and M'' Rob': ffenwick and that they bring in the Same
Again to morrow in the Afternoon./



6

Order'd

That the Powder Receiv*", lay his Acco^s : before this House

to morrow morning —

Upon Motion Order'd

That the Lookouts upon M^ Jones Island be placed on North

Edisto's Rivers mouth

Order'd

That a Committee be appointed to view what Store of Store of

powder and Ammunition there is of the publicks and in what

Condicon the Same is and that M'' W"^ Smith M"" William

Gibbon & M'" John Woodward be a Committee accordingly and

Report the Same to this House to morrow morning./ —

Order'd

That a Committee be appointed to bring in an Additionall Bill

for appointing lookouts and that M"" John Ash m"" James

Cochran & Cap* Geo: Smith be a Committee accordingly and

bring in the Same on Wensday morning/

Order'd

That a Committee be appointed to prepare and bring in

a Bill for the Encouragem^ of Shipping at the rate of

five Shill ^ Ton and that M- W" Bull M-^ W™— Gibbon and

Cap* Edward Loughton be a Committee accordingly and bring

in the Same on Monday next. —

Motion being made that Some Duty of goods be taken

of and after Some Debate the ffollowing question was put

Whether any Duty upon goods Shall be taken of or not

Carried in the Negative —
The House Adjourn'd till to morrow morning Eight a Clock

ffriday Octo^: 2^^. 1707/—

The House mett according to Adjournment —

The Com'ittee to whome the Additionall Bill to an Act for

the makeing & mending of Roads &c^ was Recommitted to for

Amendm'^ according to Ord'^: brought in the Said Bill, which

was Read the first time & past w^^ Amendm'^

Order'd

That M"- Rob': tfenwick & M' John Stroud Carry the above

Bill to the Govern"" & Councill —



The Committee to whome it was Refferr'cl to view what Store
of powder and other Amunition there was in the forts, and in
what order they are in according; to Order made the following
Eeport. Viz'. —
19., barr"^ : & i/o of powder
220'*' in great Gim Cartridges
55'b in one Boudge Barr":
28'b Ditto in a Ditto—
45"^ in Curtoch Boxes. —
20'i' D° in a large barr":—
In all 2318'b„ in the forts-
Great Shott enough.—

53,. Eam'ers for y^ great Guns in Granviles fort
14.. D°: in the half moon
7., Worms and brass ladels
Linstocks Sufficient —
5 new boudge Barr''^ :
6,, Iron Crows
powder horns enough —
800,, Great Gun Cartridges —
19 hand Spikes & 2041^,, of match—

Capt Tho : Walker powder Receiv^. according to Order brought
in his Acco*^. —
Order'd

That they lie upon the Table —

Motion being made that the Countreys gallys be repair'd and
upon debateing the Same. —
Order'd

That Cap' Thomas Walker take into his Charge & care the
Great Gaily & the Countrey boat w'^ their furniture and Repair
them —
Order'd

That Cap' Tho: Walker build a Shedd for the preserveing and
keeping the said Gaily & boat from the Weather and Chain
them to a ^^ost —
Order'd

That the Countreys Gaily 's to y^ Southward be repair'd
Order'd

That the Small Gaily be keep at James Island under the Care
of Cap' Jonathan Drake —



8

Order "d

That the ffollowing Message be Sent to the Govern'' & Coun-

cill. Viz'—

May it please yo'' Hon'"^/ —

This House being inform'd that
the Coimtreys boat and Galleys, being very much out of Re-
pair, whereby they are made useless for tlie Countreys Service,
Do think it Convenient to have them repaired and flitted up
with the furniture of each respective Galleys & y^ boat, to be
kept at the Severall places & under the Coustody and Care of
the persons hereafter menc'oned Viz^ two to the Southward
Av''' Cap'. Eves & Cap' Page, one to be at James Island with Cap*
Drake the other Gaily and boat to be in Town under the care
of Cap' Walker, which we believe will be more Effectually taken
care of then heretofore, and desire yo'' Hone's Concurrance to
the Same./

Tho: Smith Speak''—
Motion being made by W Rob': Ifenwick that a Bill might be
brought in to prevent Negroes Working or Caballing on the
Sabliath day- —
Order'd

That a Committee he appointed to prepare and bring in a Bill
accordingly on ^Monday next and that W"" Smith Eq"" M"" Hugh
Grange & ]\r Rob': ifenwick be a Committee accordingly
A ^Message from the Govern'' & Councill by Cap' Evans with
a Bill for makeing a fferry iltc'*. ili Sundry petitions —
OrderM

That they lie upon the Table —

The House Adjourn'd till two a Clock in the Afternoon —
The House meet according to Adjournm' —
OrdorVl

That all ^Members Attend the Service of the House imediately —
The House being Inform'd by M"" John Stanyarne a Member of
this House that Coll James Risbee had reflected very much on
the Hon'" of this House Calling them a parcill of unmanerly
ffellows. & bid him Informe the House of it. and if he was
Sent for he would Justify the Same —

and upon debating the Matter the Question Avas put whether
the Govern"" Should be Address'd immediately relateing to y^
affront

Carried in the Affirmitive.



9

Order"d

That an Address be drawne up & presented to the Govern^
and Coimcill rehiteing to the said Affront & that Coll Geo:
Logan ^NI"" John Stroud & M' Rob* : ffenwiek be a Committee to
prepare & draw up an Address accordingly —
M"" Rob* : ffenwick one of the Committee to whome it Avas re-
fferr'd to draw up the Said Address according to Orel'': brought
in the Same w^^ was Read & agreed to. Viz'.
May it please your Hon'"*.

Wee (at the opening of this Sessions) did assure our Selves of
an amicable proceeding in the Affairs of this province from
your Hon''* Speech, and we are not Conscious to our Selves of
makeing one Step whereby any division or misunderstanding
might be Created between us.

But may it please your Hon"^*. we are Surprized to hear by Sev-
erall of our Members that Coll James Risbee one of your Hon*"*
Councill, did in a ])ublick house use Severall Scandelous and
reflecting Expressions against the Hon' of this House, and
bid the said Members to tell the House, that wee the House
of Com'ons were a parcill of unmannerly ffellows and that if
he was Sent for he would Justify the Same to our Peaces, and
further that a Justice of the peace had as much power as the
House of Com'ons, We therefore request yo"" Hon*"*, to Examine
into this matter, and to do Justice to us the Representatives of
the people, for if we are thus Insulted and abuse'd in our pub-
lick Capascity, Especially by a Member of the Councill. others
will Attempt the like, W^'' will be a manifest Violation of our
privilidges derogatory to the Hon'' of all Assemblies, and a
great discouragem'. to any to Serve in our publick Capascity —

Tho: Smith Speak*-—
Orderd

That Cap' David Davis and Cap' James Moore carry the said
Addresses to the Govern'' & Councill. — -
The House Adjourn'd till to morrow morning Eight a Clock —

Saturday Octo'' the 25"' : 1707/

The House mett according to Adjournm' —

Read the petition of Rob' : Hix Virginia Indian Trader

Resolved

That the matters contained in the said petition does not lie

before this House —



10

Order'cl

That William Smith Esq'" take the Examinac'on of Geo : Sheil
on Oath relateing to James Child & that M^ Rich^. Berrisford
be by —

Upon Reading the petition of Henry Gerard Minister praying
Some releive from this House, he being very poor & haveing
receiv'd great losses. & upon debating the same —
Resolv'd

That the Sume of twenty pounds be given him out of the Pub-
lick as a Deed of Charity, and that an order be drawne ac-
cordingly —
OrderM '

That Lawrence Richardson who brought down James Child
have the protection of this House from all Arests Except for
breach of the peace dureing his returne again to the Agent —
The House Adjournal till Monday two a Clock —

Monday Octo^: 27^'^: 1707/

The House mett according to Adjournm^ —
The Committee to whome it was retferr'd to prepare and bring
in a Bill for preventing Xegroes Caballing together on the
Sabbath day praid leave till Wensday Xext to bring in the
Said Bill-
Ordered

That the said Committee have leave till Wensda}^ to bring in
the said Bill—

The Committee to whome the Bill to promote the Encouragem^
of Building Shipping praid leave till "Wensday next to bring
in the Said Bill —
Order^l

That the said Com'ittee have leave till Wensday next to bring
in the said Bill —

The House being informal that Cap* Dalton who came from
S^ Thomas had been inform'd of Some design of the french
against this province —
Order'd

That the said Dalton be Sent for who appearing & being ex-
amined by ]M'' Speak^. relateing to the said matter Inform'd
the House that M"" Seruier Smith of S' Thomas Inform'd him



11

he had Informac'on of a design the french had ag®' — this place
if the Warr continued, the designing to make the Indians to-
wards Mobile their friends and by that means to Surprize us
by comeing on our backs, and to have Some Vessells to come
on the front —

Upon Eeading the Petition of Cap'. Abra : Eve relateing to
his land being made a high way by Coll- Rhetts order
OrderVl

That Mr John Abra': Motte and Cap' Drake wait on the Gov-
ern'" & Councill w"^ Cap' Eves petition for their considerac'on
and opinions in this matter, and know of his Hon'^. whether
Coll- Rhett had any ord'". from his Hon'^ — for his so doeing —
Cap' Smith Publick Receiv. and M"" John Barnwell Comptro" :
Complaineing that Coll- Rhett had goods from England, w^^^
he had leave to land, promiseing to have the Same valued and
Enter them but hath not done the Same as also Some pork in
Cap' Saltus from Ronoque —
OrderVl

That Coll- Rhett make an Entry of what goods was Imported
in the Gray hound Gaily Cap' ftlavell Comand''. and a parcill
of pork in Cap' Saltus with the Comptrol'' : to morrow morning
and that the Messinger acquaint him of this Ord'": —
A Message from the Govern'" and Councill by Cap' Geo : Evans
as ffolloweth Viz'./
Gentlemen/

There's nothing that can give an Interruption to pub-
lick atl'airs, or disturb that good Agreem'. that ought to be
between us. but that we Share therein w"^ Infinite concern

And therefore we have carefully Enquir'd into the Na-
ture of the Complaint laid against Coll- Risbee and tho he dis-
owns the words as they are charged yet we are Satisfied that
Severall indecent and unbecomeing expressions past between
him & M"" Stanyarne a Member of your House over a glass of
wine and that M'' Stanyarne a member of yo"" House tooke the
liberty to Say (among other things) that 'twas in the power
of the House of Com'ons, if they pleas'd to Send any of the
Dep''^^ to be lookouts on Sullivans Island or words to that
effect, w'^^ must needs be owned very rash and Atfrontive to
us also who are the Superiour part of the Legislature, so that if
Enquiry be made into the case of Coll- Risbee, we cannot be



12

so farr wanting to own Hon'^^ as to overlook M"" Stanyarne be-
haviour./

But this measure being likely to engage us into heats
and Contentions, looseing our time, & Neglecting the end for
^ych -^yg j^j.g i^^gtt, we think it more adviseable to pass it by, with
a Mutuall Silence, takeing more care on both Sides not to give
the like offence for the future —

As to the repairing & disposeing of the Countrey boat and
Galleys we agree with you. in the Measures you propose and
desire it may be done as soon as possible —

N Johnson —
A Message from the Govern"^ and Councill by Cap* Evans w^'^ an
Answer to Cap' Eves petition, that Coll- Rhett did order the
posts and rails to be pullVl down by order of the Govern"" and
Councill it being a direct path, and that it is their opinion that
Some way may be found for the paym' of those persons to whome
the Land belongs to. —
Order'd

That M - Eob^ : ffenwick and M' John Stroud Carry the follow-
ing Message to the Govern^ & Councill — Viz* —
May it please yo"* Hon""^./

We have Considered Cap* Eves petition and cant fRnd
an}^ Law Lnpowering any to make a passage through his Land,
and therefore are of opinion its no ways consisting w''^ : the trust
reposed in us to pay him anything for damage thereby Sus-
tained out of the publick, but in such case must must leave him
to Such ]\Iethods as the law directs and to Improve his Land
according to his discretion —

Tho: Smith Speak''
Motion being made that James Childs mittimus be Sent for
y^-ch -^yj^g done accordingly —
Ordered

That James Childs Mittimus be read, w'^'^ was read accordingly
Order'd

That M-^ Robt ffenwick and M^ John Stroud Carry the ffollowing
Message to the Govern^" & Councill. —
May it please yo'' Hon"^® —

Whereas James Child an Indian Trader is Com-
mitted to the Coustody of the Marshall by Cap* Tho: Nairne
Escf One of Her Majesties Justice of the peace for makeing



13

Warr on his own Accord against the Indians, and for Severall
other enourmous, and very notorious crimes as Sett forth in
his ]\Iitimus. We therefore hnml)ly request yo^ Hon'^ to take
that Cognizence of these flagitous and horrid crimes according
to their demerit, for we Suppose them to be of that nature as
farr Surpasses the power given to the Com'ons by our Indian
Tradeing Act to try, and that therefore the said Child be put
in Irons, and keep in Close Coustody, & that he be prosecuted
by the Attorney Gen" : according to law —

Tho: Smith Speak''—
The House Adjourn'd till Eight a Clock to morrow morning

Tuesday Octo^: 28^'^: 1707/

The House mett according to Adjournm^ —

The House being inform'd that Thomas Welch attended below
according to the order of this House./
Order'd

That Thomas Welch and the Checcasau Gen" : be Sent for up
who appearing inform'd the House that he did not doubt but
at the Charge of a 100^ to make the Chauctaws & Yawsaws now
in league with the french to be our friends and allies —
Order'd

That Cap'^ Xairnes Lett^": directed to the Commissio". of the
Indian Trade be read which was done accordingly/
Order'd

That the debate of the said matter be deft'err'd till another
time. —
Order'd

That M^ John Woodward Inquire if such goods as may be
Suitable is to be gott & at what price & report the Same to
this House/

A Message from the Govern"^ and Councill by Cap* George
Evans, who Inform'd the House that the Cherriques had
gather'd a present for the Govern'", of Severall Skins W^''
w^as prevented comeing to his Hands by one Card, tho they
were gather'd before the Indian Tradeing Act took place, de-
sires the House would Examine into the matter —
A Message from y<= Govern'' & Councill by Cap' Evans w*''.
Sundry petitions —



14

Order'd

That they lie upon the Table —

The House Adjournal till two a Clock in the Afternoon
The House mett according to Adjournm* —
Order'd

That M^ Eob*. ffenwick and M"^ John Stroud carry the Hollow-
ing Message to the Govern"^ & Councill — -
May it please 3^0"^ Hon"^ —

B}^ the Message Sent by Cap^ Evans we find that your Hon"^ —
is of Opinion that there was a parcill of Skins gathered by
the Charakees \y^^ was design "d for yo'' Hon'', before the Act
for Kegulateing the Indian Trade Avas past, now may it please
your Hon''*, the House of Com'ons designs to give orders to
the Com'issio''®. to Inquire further in this matter, and if on
Examinac'on they find that according to the Act your Hon'" —
ought to have the p'^sent. that is now gather'd, the Com'ons have
given orders that they be deliverd accordingly —

Tho: Smith Speak''.
Order'd

That the president of the Indian Trade Send up to the Agent,
to enquire perticularly concerning this present of Skins, and if
upon enquiry the Commissio^^ find the present to belong to the
Govern'', to order them to his Hon^. accordingly
Order'd

That Mr William Gibbon & M-^ William Smith be a Committee
to Examine the Report of M"^ Satur relateing to Coll Rhetts
Acco^*. and Report the Same to this House to morrow two a
Clock
Order'd

That a Committee be appointed to draw up Instructions & an
answer to the Letf. of Cap* Thomas Nairne, and that Cap*
Geo: Smith, M'' John Ash & M'" James Cochran be a Committee
accordingly and bring in the Same to this House
Read the Petition of John Wilden at Sewee relateing to his
losses Sustained by the privateer that carried the Pilott away —
and the Question being put whether the Sume of Twent}^
pounds be allow 'd him for his losses

Carried in the Affirmitive —



15



Ordered

That the Sume of Twenty pounds be paid out of the publick to

the Said John AVeklen —

Upon Eeading the petition of D"^ Crook —

Order'd

That he Attend this House to morrow in the Afternoon —

Bead the Petition of Tho : Leavy and Order'd to be rejected

Read the petition of Cap* Eves & order'd to be rejected —

Motion being made by M^' John Ash that the lookouts Avho

tooke the french man that run away with Cap* Eves Negro's

be rewarded and the Question being put whether they Shoukl

be rewarded or not —

Carried in the Affirmitive
Order'd

That five pounds be given out of the publick to the Lookouts
for their further Encouragem* —
The House Adjourn'd till to morrow morning Eight a Clock —

Wensday Octo'": 29'^: 1707/

The House mett according to Adjournm* —

Resolv'd

That the Orders of the House be Stricktly kept. —

Motion being made by M"" John Stroud that a Store of powder

and Shott be kept out of Town & upon debateing the Same —

Resolv"d

That powder and Shott be lodg'd in the Hands of the Capt"=^ —
of the patrool —
Order'd

That M^-. Jo' Abra': Motte & U\ Rob*: ffenwick wait on the
Govern'' and informe him that this House is of opinion that
powTler & Shott be bought & the Same to be lodg'd in the
Hands of the Captains of the patrool & desire his Hon", opinion,
who being return'd Inform'd the House that the Govern'' heart-
ily Concurr'd with the opinion of this House —
Order'd

That a Bill be brought in accordingly and that ^SI"" John Stroud
and Cap*. Jonathan Drake be a Committee accordingly to pre-
pare and bring in said Bill —
A Message from the Govern' & Councill by Cap* Evans Viz*.



16

Gentlemen/

Yeasterdav in the Afternoon we rec'd three Messages
from your House, One concerning James Child another about
Cap' Eves Petition and the third relateing to the p'^sents Col-
lected for the Govern!" by the Indians, to w'^'^ we answer first
we are very willing if ^NI"^ Child has transgress'd the Laws or
Committed any misdemeanors in prejudice of the peace of the
Countrey that he Should be proceeded against according to
Justice without any respect or regard whatsoever, but we cant
but take notice how little trouble you give your Selves to in-
forme us wdiat grounds you have for yo'' Suspitions ag®' him,
tho you press us to Shew him tlie Strictness due only to Traters